Esparza et al vs Nobles County

The lawsuit alleges that Sheriff Kent Wilkening and Nobles County are violating Minnesota law by refusing to release people from custody when they attempt to post bond or should otherwise be released. Instead of releasing individuals, however, Sheriff Wilkening is re-arresting people and detaining them on behalf of Immigration and Customs Enforcement without the authority to do so.

Case Update: Jan. 31, 2019

BREAKING NEWS - A judge today approved class-action status for our lawsuit against Nobles County and its Sheriff, who have been detaining people for ICE without the legal authority to do so.

Case Update: Nov. 29, 2018

Another victory (for now)! A judge rebuffed a motion on Nov. 29 by Nobles County and Sheriff Wilkening to stay the temporary restraining order that requires Wilkening to release people from jail when they are eligible under state law and the Minnesota and U.S. Constitutions, instead of holding them for ICE. The ruling reinforces the rights of immigrants who the Sheriff had unlawfully detained. The ruling means the class-action lawsuit will continue to move ahead.

Case Update: Oct. 19, 2018

Victory (for now)! Judge Gregory Anderson issued a temporary restraining order and injunction against the Nobles County Sheriff in a class-action lawsuit filed by the American Civil Liberties Union of Minnesota on behalf of four named individuals. The restraining order is only temporary; the case will be decided after a trial in spring 2019.

Case Background

The lawsuit alleges that Sheriff Kent Wilkening and Nobles County are violating Minnesota law by refusing to release people from custody when they attempt to post bond or should otherwise be released. Instead of releasing individuals, however, Sheriff Wilkening is re-arresting people and detaining them on behalf of Immigration and Customs Enforcement without the authority to do so.